초록 열기/닫기 버튼


It would be no exaggeration to say that most assets found in the actual transaction may be those amassed within the marriage. According to the provisions now in force of the civil code, there are such rights as the marriage settlement, the legal property system, the claim for a division of the properties on divorce, and the portion of contribution system. It is, however, uncommon to make a contract for marriage settlement in Korea but the legal property system is prevailing, instead. In view of this reality, it must be meaningful to examine the legal property system of the civil code. This paper sets its limit to the minimum extent to describe the chronology and contents of marriage property system as provided in the civil code. Following a brief consideration of the hitherto discussions about the separate calculation system of marriage property and the claim for a division of the properties on divorce, the standpoints of the Supreme Court and the theories and judicial precedents of Japan regarding the ownership of marriage property are to be inquired.In addition, I will also investigate the standpoints and judicial precedents of the Supreme Court about the ownership of real estates, money and deposits before drawing a conclusion.It requires further research on the marriage property system and contribution, given another chance.